In order to operate efficiently, we must collect information about people with whom we work. These may include members of the public, current, past and prospective employees, funded bodies and suppliers. In addition we may be required by law to collect and use information in order to comply with the requirements of authorised legal organisations such as the police.
This personal information must be handled properly under the Data Protection Act 1998 ('the Act'). The Act regulates the way that we handle 'personal data' that we collect in the course of carrying out our functions and gives certain rights to people whose 'personal data' we may hold.
We consider that the correct treatment of personal data is integral to our successful operations and to maintaining trust of the persons we deal with. We fully appreciate the underlying principles of the Act and support and adhere to its provisions.
Information covered by the Act
The Act uses the term 'personal data'. For information held by the Arts Council, personal data essentially means any recorded information held by us and from which a living individual can be identified. It will include a variety of information including names, addresses, telephone numbers, credit/debit card details and other personal or Company details. It will not include any expression of opinion about a living individual or any indication of our intentions about that individual.
Data protection principles
We will comply with the eight enforceable data protection principles by making sure that personal data is:
We will ensure that at least one of the following conditions are met before we process any personal data:
Under the Act, one of a set of additional conditions must be met for 'sensitive personal data'. This includes information about racial or ethnic origin, political opinions, religious and other beliefs, trade union membership, physical or mental health condition, sex life, criminal proceedings or convictions. We will ensure that one of the following additional conditions are met before we process any sensitive personal data:
We will ensure that individuals are given their rights under the Act including:
While it is unlikely, Arts Council England may be required to disclose your user data by a court order or to comply with other legal requirements. We will use all reasonable endeavours to notify you before we do so, unless we are legally restricted from doing so.
No commercial disposal to third parties
Gallery Support Group Limited shall not sell, rent, distribute or otherwise make user data commercially available to any third party, except as described above or with your prior permission.
We will ensure that:
We have appointed a head of information compliance to lead on data protection for the Arts Council. This person is responsible for ensuring that the policy is effectively implemented.